Court Claim form - VCS

Teddy321

Hi all,



new to the forum, so still finding my feet/doing my research


Brief background- I used to park in an abandoned carpark in an industrial estate (warehouse was registered for let)


I parked here for over 3 months then one day came from work to find a handwritten notice on my window to say i may receive a ticket. I looked and noticed a standard VCS parking sign had gone up above the doorway of the warehouse (i could not say what date this went up, there was just the one sign). I did not think anything of it at the time, as the note did not look official so i just stopped parking there.

A few weeks later i received a fine in the post. the pictures attached as evidence by VCS showed that on the day i parked when it was extremely bright, the sign was not visible at all due to the reflection/glare of the sun shining on the sign from the position of my car. I just ignored this thinking nothing would come of it, as has happened before.


a few warning letters later i received a letter before action. I then emailed a SARS request for all information as well as asking for information on the contract with the landowner and the validity of the claim. I received the SARS but no response to the other part of the email.


I then received a claim form, with generic POCs and thereafter have filed my AOS. I am not looking to draft my defence, any hints or tips of my chances of success and where i go from here would be greatly appreciated.



Thanks

KeithP

Hi and welcome.

What is the Issue Date on the Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Teddy321

Hi there

Issue date is 5th April, and it is from Northampton CC

Teddy321

I would also add I went back to take pictures of the site and the original sign has been moved further along to a shaded area AND an additional sign has been added, so I think this would hopefully help my cause in that clearly the original singage was not deemed sufficient

KeithP

Teddy321 wrote: »

Issue date is 5th April, and it is from Northampton CC

With a Claim Issue Date of 5th April, and having done the Acknowledgement of Service in a timely manner, you have until 4pm on Wednesday 8th May 2019 to file your Defence.

That's nearly three weeks away. Loads of time to produce a perfect Defence, but best not to leave it to the last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Coupon-mad

Teddy321 wrote: »

I would also add I went back to take pictures of the site and the original sign has been moved further along to a shaded area AND an additional sign has been added, so I think this would hopefully help my cause in that clearly the original singage was not deemed sufficient

Yes, that and the info from the IPC CoP about extra signs (and warnings) at sites with new restrictions where there had previously been none.

All that goes into the facts part of your defence, using the VCS 'not a CN' example defence as the basis for your case (look for that one linked in the NEWBIES thread - it's the one about the hybrid 'note' left on cars).

No link given here. The NEWBIES thread has it all.

The_Deep

Complain to your MP, they are familiar with these scams and on 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

jorge_gills

If you get a hearing date, do you actually need to attend court or can you just rely on the defence?

KeithP

jorge_gills, did you mean to post that on your existing thread?

Coupon-mad

jorge_gills wrote: »

If you get a hearing date, do you actually need to attend court or can you just rely on the defence?

You can't even rely on defence only, even if you do attend a claim hearing!

In the last month we had 3 people decide not to show up for hearings.

All 3 lost, and all were clobbered for costs they would never have had to pay had they attended the hearing, because they were not there to argue why such costs are unrecoverable. Some/all of them paid about £300 for a £100 PCN.

That is NOT what we do here. NONE of those cases were forum-led because we DO NOT EVER tell people to have a case heard on the papers in their absence. It's not even worth it to save loss of salary/leave for half a day as the amount lost is so large, compared with the likely win if they turn up.

We have a 99% win rate as people are well coached on all stages, right through to attending the hearing. And it's not just about filing a defence. With just a defence, you'd lose, probably, and would be considered in breach of the court's directions for not providing your Witness Statement and evidence.

See the NEWBIES thread: 'what happens when - defence is not your only job'!

Teddy321

Thank you for your replies, i'm almost finished with my defence so will post it on here in the next day or two